Overstayed, applied 245(i) then left the US

[johnhips]

My father-in-law was here when immigration introduced 245(i). He applied for it since he has a US citizen brother.

Then after a couple of years he decided to go back home, thus giving him a 10 year ban since he overstayed here in the US.

Last year my wife became US citizen too, below are her concerns:

Can she petition his father outright and his 10 year ban will be pardoned since he applied for 245(i)?

Can the I-130 be transferred from his brother to his daughter since it is faster?

Can he come back here without problems? Should be proceed in submitting form I-130 and just see what happens?

I appreciate any help.

[PraetorianXI]

answers in bold.

Can she petition his father outright and his 10 year ban will be pardoned since he applied for 245(i)? She can petition for him, but the 10 year ban will not be pardoned automatically. 245(i) allows people who overstayed/entered illegally to undergo AOS in the USA, once you have left the USA your are subject to the ban. He would have to file for a waiver to the 10 year ban or wait it out.

Can the I-130 be transferred from his brother to his daughter since it is faster? First, it is not faster. Second, it can not be transfered. They are a different relationship and even though you could retain the priority date, this is a different category... they are not the same (family based immigration versus immediate relatives of US citizens). The daughter will petition for him and he does not have to "Wait" for the Priority date to become current, it is current already... there is no quota. But it will have to wait until the I-130 is approved.

Can he come back here without problems? Should be proceed in submitting form I-130 and just see what happens? You can proceed, but they will not grant the immigrant visa until his ban is waived or completed the time.

I appreciate any help.